HYDERABAD: The Sindh High Court’s Hyderabad circuit bench on Wednesday directed the land utilisation department to inquire into allotments of lands and undo all illegal ones in respect of state land, including those mentioned in the report submitted by it in court. A compliance report, indicating steps taken in case of breach/violation of lease, be submitted within two months with the additional registrar of the court, it ordered.

The order was passed by Justice Salahuddin Panhwar, who had heard a petition involving the issue of Kali Mai Ka Phera and a graveyard, claimed to be the property of the Hindu community, on Jan 23.

The judge had on in November 2014 asked the Hyderabad deputy commissioner to approach the archaeology authorities to ascertain whether the properties fell under the Ancient and Monument Preservation Act, 1904, or the Sindh Heritage Act, 1994.

On Wednesday, the judge noted that the archaeology department reported that the Kali Mai Ka Phera was not in the list of the protected heritage covered under the Antiquities Act, 1975 or the Sindh Culture Heritage (preservation) Act, 1994 and that “no traces of graveyard are found”.

He observed that the 1975 and 1904 Acts were not meant to protect sites which were so declared but should include other things defined as ‘ancient’ or ‘antiquity’. He ordered that the “archaeology department shall visit site to find out existence of ‘Kali Mai Ka Phera’ or to report non-existence of any such thing as claimed”.

Referring to the Airport SHO’s report regarding encroachment, he directed the DC to “remove encroacher from government land in accordance with law”.

In response to a court notice, the land utilisation secretary submitted a report mentioning that 10,260-20 acres were allotted for different housing scheme(s) of societies or cooperative societies and others and 100 acres to Mehran Cooperative Housing Society chairman Amanullah Siyal.

The court order said: “LU is aware of Nov 28, 2012 order of Supreme Court in suo motu case (16/2011) regarding ban on allotment of land and subsequent order of June 23, 2014 under which apex court clarified that Nov 28 order didn’t prevent competent authority in federal or Sindh government to allot or lease out land for a project approved by concerned authority for any industry or automotive plant or power generating plant or any other initiative in public interest in accordance with law and relevant rules”.

Justice Panhwar in his order also defined ‘public interest’ in the light of the apex court’s suo motu notice (14/2009). He said: “Grant/allotment of government land if made for housing scheme(s) shall not equate the term ‘public interest’ particularly when it is being made without ‘open auction’. LU report reveals that there are allotments/grants after Nov 28, 2012 order and most of them for housing schemes and even to individual. It shows that it negates the order passed by court in suo motu case 14/2009 which is otherwise binding upon state”.

The judge directed the land utilisation department to inquire into matters of allotments and undo all illegal allotments in respect of state land including those mentioned in report before him.

He ordered DC to initiate legal process regarding entry No.8 of the VF VII-A in revenue record of Latifabad. He asked the department to strictly follow the apex court’s directive and said that “state land could not be disposed by showing it as conditional allotment for housing schemes as it appears from allotment of 100 acres to Amanullah Siyal despite ‘ban’. LU is supposed and believed to strictly work within directives of SC hence should not attempt to create its own new room with an object to overstep such binding directives of SC,” he said.

Published in Dawn, February 26th, 2015

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